Allen v. Texas & Pacific Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Nolan County. Allen sued the railway company and had judgment. Defendant appealed, and the case was reversed, denying his right to recover penalties, but remanding for a trial on other issues. Allen then obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
A judgment of the District Court in favor of plaintiff in error, against defendant in error, for penalties and damages for the failure of defendant in error to furnish, as required by Revised Statutes, articles 4497-4502, as amended in 1899, six cars demanded by plaintiff for a shipment of cattle from Eslcota to Fort Worth, Texas, was reversed by the Court of Civil Appeals, and a judgment was rendered by that court that plaintiff recover nothing as for penalties claimed, and that his claim for damages be remanded to the District Court for further trial upon the…
2Cases cited3 opinions
- Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
- Houston, East & West Texas Railway Co. v. CampbellTexas Supreme Court · 1898
- Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
3Cited by14 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Scown v. CzarneckiIllinois Supreme Court · 1914
- Haynes v. ClantonCourt of Appeals of Texas · 1953
- Cram v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- State v. SchofieldSupreme Court of Louisiana · 1915
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